[Congressional Record (Bound Edition), Volume 149 (2003), Part 12]
[Senate]
[Page 15714]
[From the U.S. Government Publishing Office, www.gpo.gov]




                         SUBMITTED RESOLUTIONS

                                 ______
                                 

SENATE RESOLUTION 179--TO AUTHORIZE TESTIMONY AND LEGAL REPRESENTATION 
              IN STATE OF NEW HAMPSHIRE v. DONALD JOHNSON

  Mr. FRIST (for himself and Mr. Daschle) submitted the following 
resolution; which was considered and agreed to:

                              S. Res. 179

       Whereas, in the case of State of New Hampshire v. Donald 
     Johnson, pending in Concord District Court for the State of 
     New Hampshire, testimony has been requested from Carol 
     Carpenter, a staff member in the office of Senator Judd 
     Gregg;
       Whereas, pursuant to sections 703(a) and 704(a)(2) of the 
     Ethics in Government Act of 1978, 2 U.S.C. Sec. Sec. 288b(a) 
     and 288c(a)(2), the Senate may direct its counsel to 
     represent employees of the Senate with respect to any 
     subpoena, order, or request for testimony relating to their 
     official responsibilities;
       Whereas, by the privileges of the Senate of the United 
     States and Rule XI of the Standing Rules of the Senate, no 
     evidence under the control or in the possession of the Senate 
     may, by the judicial or administrative process, be taken from 
     such control or possession but by permission of the Senate;
       Whereas, when it appears that evidence under the control or 
     in the possession of the Senate may promote the 
     administration of justice, the Senate will take such action 
     as will promote the ends of justice consistently with the 
     privileges of the Senate: Now, therefore, be it Resolved That 
     Carol Carpenter is authorized to provide testimony in the 
     case of State of New Hampshire v. Donald Johnson, except 
     concerning matters for which a privilege should be asserted.
       Sec. 2. The Senate Legal Counsel is authorized to represent 
     Carol Carpenter in connection with any testimony authorized 
     in section one of this resolution.

                          ____________________